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Bombay High CourtCA/6498/2007admittedallowedgrantedrule absolute

The Executive Engineer, Latur Medium Project Division, Latur. v. The State Of Maharashtra And ANR

2015-11-19Hon'Ble Shri Justice A.M. Badar2 pages

(1) C.A. No. 6498 of 2007

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Civil Application No. 6498 of 2007 (In First Appeal Stamp No. 13346 / 2007) The Executive Engineer, Latur Medium Project Division, Latur.

.. Applicant.

versus The State of Maharashtra, Through the Collector, District : Latur, & others.

.. Non-applicants.

.........................

Mr. Ruturaj Patil, Advocate, for the applicant. Smt. S.S. Raut, Assistant Government Pleader, for non-applicant no.1.

Non-applicant no.2(1) served (Absent).

Application dismissed as against non-applicant no.2(2) vide Court's order dated 30-9-2013.

..........................

CORAM : A.M. BADAR, J.

DATE : 19TH NOVEMBER 2015 PER COURT :

1.

Non-applicant no.2 - Kisan Subhan Londhe is reported to be dead and his legal representatives are sought to be brought on record. The

(2) C.A. No. 6498 of 2007 application is already dismissed in default so far as his legal representative - Uttam Kisan Londhe is concerned. Another legal representative of the claimant i.e. non-applicant no.2(1) - Smt. Savita wd/o. Manohar Londhe, though served, is absent. The delay is only of 42 days. 2.

Heard the learned Counsel for the applicant as well as the learned Assistant Government Pleader for non-applicant no.1 - State. The averments made in the application are not controverted by filing reply by non-applicants.

3.

Hence, for the reasons stated in the application, the Application is allowed. The delay in lodging the appeal is condoned. Accompanying First Appeal be registered and numbered. The Civil Application stands disposed of accordingly.

( A.M. BADAR ) JUDGE ................................

puranik / CA6498.07